US Code

Public Law 119-73 (01/23/2026)

46 U.S.C. § 53713

Administrative fees

(a)

In General .—

The Secretary or Administrator shall charge and collect from the obligor fees the Secretary or Administrator considers reasonable for processing the application and monitoring the loan guarantee, including for—
(1)
investigating an application for a guarantee;
(2)
appraising property offered as security for a guarantee;
(3)
issuing a commitment;
(4)
section 53715 of this titlesection 53716 of this title providing services related to an escrow fund under or a deposit fund under ;
(5)
inspecting property during construction, reconstruction, or reconditioning; and
(6)
monitoring and providing services related to the obligor’s compliance with any terms related to the obligations, the guarantee, or maintenance of the Secretary or Administrator’s security interests under this chapter.
(b)

Total Fee Limitation .—

The total fees under subsection (a) may not exceed 0.5 percent of the original principal amount of the obligations to be guaranteed.
(c)

Fees for Independent Analysis.—

(1)

In general .—

section 53703(c) of this titlesection 3302 of title 31The Secretary or Administrator may charge and collect fees to cover the costs of independent analysis under . Notwithstanding , any fee collected under this subsection shall—
(A)
be credited as an offsetting collection to the account that finances the administration of the loan guarantee program;
(B)
be available for expenditure only to pay the costs of activities and services for which the fee is imposed; and
(C)
remain available until expended.
(2)

Fee limitation inapplicable .—

Fees collected under this subsection are not subject to the limitation of subsection (b).

Pub. L. 109–304, § 8(c)120 Stat. 1612Pub. L. 109–163, div. C, title XXXV, § 3507(a)(1)(D)119 Stat. 3555Pub. L. 110–181, div. C, title XXXV, § 3522(a)(10)(B)122 Stat. 598Pub. L. 116–92, div. C, title XXXV, § 3506(h)133 Stat. 1973(, , ; , , ; , (b), , ; , , .)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

53713(a)

46 App.:1274(f)(1) (words before proviso).

June 29, 1936, ch. 858, title XI, § 1104A(f)(1), (4) [§ 1104A formerly § 1104], as added June 23, 1938, ch. 600, § 46, 52 Stat. 970; Aug. 4, 1939, ch. 417, § 14, 53 Stat. 1187; Sept. 28, 1950, ch. 1093, § 4, 64 Stat. 1078; Aug. 15, 1953, ch. 513, § 2, 67 Stat. 626; Sept. 3, 1954, ch. 1265, § 4, 68 Stat. 1269; Pub. L. 86–123, §§ 1(3), 2, July 31, 1959, 73 Stat. 269, 271; Pub. L. 86–127, § 1(3), (4), July 31, 1959, 73 Stat. 273; Pub. L. 86–518, § 1, June 12, 1960, 74 Stat. 216; Pub. L. 86–685, §§ 2, 3, Sept. 2, 1960, 74 Stat. 733; Pub. L. 90–341, June 15, 1968, 82 Stat. 180; Pub. L. 91–469, §§ 31, 32, Oct. 21, 1970, 84 Stat. 1035; restated Pub. L. 92–507, § 3, Oct. 19, 1972, 86 Stat. 913; Pub. L. 97–31, § 12(136), Aug. 6, 1981, 95 Stat. 166; § 1104 renumbered as § 1104A, Pub. L. 101–380, title IV, § 4115(f)(1), Aug. 18, 1990, 104 Stat. 521; Pub. L. 107–314, title XXXV, § 3503(2), Dec. 2, 2002, 116 Stat. 2754; Pub. L. 108–136, title XXXV, § 3526(2), Nov. 24, 2003, 117 Stat. 1801.

53713(b)

46 App.:1274(f)(1) (proviso).

53713(c)

46 App.:1274(f)(4).

Editorial Notes

Amendments

Pub. L. 116–92, § 3506(h)(1)(A)2019—Subsec. (a). , substituted “reasonable for processing the application and monitoring the loan guarantee, including for—” for “reasonable for—” in introductory provisions.

Pub. L. 116–92, § 3506(h)(1)(B)section 53716 of this titleSubsec. (a)(4). , substituted “or a deposit fund under ;” for “; and”.

Pub. L. 116–92, § 3506(h)(1)(C)Subsec. (a)(6). , (D), added par. (6).

Pub. L. 116–92, § 3506(h)(2)(B)Subsec. (c). –(D), designated existing provisions as par. (1) and inserted heading, redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, of par. (1) and realigned margins, and added par. (2).

Pub. L. 116–92, § 3506(h)(2)(A)section 53703(c) of this titlesection 53708(d) of this title, which directed amendment of par. (1) of subsec. (c) by substituting “under ” for “under ”, was executed by making the substitution in introductory provisions of subsec. (c) to reflect the probable intent of Congress and the subsequent designation of the provisions of subsec. (c) as subsec. (c)(1). See above.

Pub. L. 110–181, § 3522(b)Pub. L. 109–163, § 3507(a)(1)(D)2008—, repealed . See 2006 Amendment note below.

Pub. L. 110–181, § 3522(a)(10)(B)Pub. L. 109–163, § 3507(a)(1)(D)section 18(a) of Pub. L. 109–304section 101 of this titleSubsecs. (a), (c). , incorporated the substance of the amendment by , into this section, by inserting “or Administrator” after “Secretary” wherever appearing in introductory provisions. See 2006 Amendment note below and , set out as a Legislative Purpose and Construction note preceding .

Pub. L. 109–163, § 3507(a)(1)(D)Pub. L. 110–181, § 3522(b)2006—, which directed the amendment of section 1274(f) of the former Appendix to this title from which this section was derived, was repealed by . See 2008 Amendment note for subsecs. (a), (c) and Historical and Revision notes above.